A class action lawsuit has been filed in the Ontario Superior Court of Justice on behalf of members of the Pension Plan for the Union Employees of Voyageur Colonial Limited who received reduced pensions due to being less than age 55 at the time of the partial or final terminations of the Plan in 1995 and 1997.

The lawsuit seeks damages for the shortfall in the pensions, plus interest.

The lawsuit was certified as a class proceeding in September 2003. The representative plaintiffs are Robert Givogue and David Lacelle for the Plan members who were part of the final Plan termination, and Grahame Leech for the Plan members who were part of the partial Plan termination.

Some of the steps in the litigation process have been completed. The parties have exchanged affidavits of documents, expert reports were exchanged in 2004 and 2005 and examinations for discovery of some of the trustees of the Plan and one of the experts took place in 2004 and 2005.

Having regard to the complexity of the issues involved in the lawsuit, a decision was made to retain a second expert on behalf of the plaintiffs. That expert completed a report on the merits of the case in 2006, which has been sent to the lawyers for the defendants. A second report on damages is expected to be completed by the expert in September 2007 and will also be provided to the defendants' lawyers. As a result of the new expert reports, it has become necessary to make some changes to the statement of claim (you can read the Proposed Fresh Statement of Claim by clicking on the link below). The lawyers for the defendants have been asked to agree to these changes. It is expected that the lawyers for the defendants may want to make changes to the defendants' statements of defence in response. The defendants may also wish to respond to the new expert reports.

It is expected that the remaining examinations for discovery will take place in early 2008 and that the remaining steps necessary to prepare the case for trial will be completed shortly thereafter.

If you believe you may be a member of the class and have not previously been contacted or if you are member of the class who wishes to provide updated contact information, please contact us in writing with your name, current mailing address, e-mail address and telephone number. You can reach us by:

e-mail: givogueclass

fax: (613) 235-3041; or

mail Givogue Class,
c/o Sack Goldblatt Mitchell LLP
500-30 Metcalfe Street,
Ottawa Ontario, K1P 5L4

For more information about class actions, click here.

Click on the links below to read the pleadings and court documents related to this class action.

Pleadings

 

Court Decisions